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IVES v. COOPERTOOLS

No. 95-0932.

197 Wis.2d 937 (1995)

541 N.W.2d 247

Michael IVES and Tammy Ives, Plaintiffs-Respondents, RHINELANDER PAPER COMPANY GROUP HEALTH PLAN FOR HOURLY EMPLOYEES SPONSORED BY RHINELANDER PAPER COMPANY, INC., Plaintiff-Appellant, v. COOPERTOOLS, a division of Cooper Industries, Inc.; Alias Insurance Company No. 1; Cooper Industries, Inc.; Alias Insurance Company No. 2; Berns Enterprises, Inc., d/b/a Rhinelander Hardware; The Aetna Casualty & Surety Company; McGraw-Edison Company; and Alias Insurance Company No. 4, Defendants.

Court of Appeals of Wisconsin.

Decided October 31, 1995.

Attorney(s) appearing for the Case

On behalf of plaintiff-appellant, the cause was submitted on the briefs of and orally argued by Matthew E. Yde of Ruder, Ware & Michler, S.C. of Wausau.

On behalf of plaintiffs-respondents, the cause was submitted on the brief of and orally argued by D. J. Weis of Habush, Habush, Davis & Rottier, S.C. of Rhinelander.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

Rhinelander Paper Company Group Health Plan for Hourly Employees sponsored by Rhinelander Paper Company, Inc. (Rhinelander), appeals an order denying its recoupment claim for medical expenses paid to Michael Ives as a result of a hunting accident.1 Rhinelander seeks reimbursement out of the settlement proceeds of a negligence lawsuit between plaintiffs, Michael and Tammy Ives, and several defendants. The parties to this subrogation...

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